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Terms & Conditions

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Definitions

Agreements

Data Processing & GDPR

To guarantee that no terms are imposed upon on us beyond what is included in this document, we cannot agree to sign customer Data Processing Agreements or other GDPR related contracts or agreements. As a very small team we do not have a legal advisers on staff and modifications or amendments to this agreement would require legal advice that would be cost-prohibitive for us.

Processing personal data in a secure, fair, and transparent way is extremely important to us. As part of this effort, we process personal data in accordance with GDPR and any other data protection law applicable in Scotland.

If you do not agree to these terms, you may discontinue the use of our services and cancel your accounts/contracts with us.

Undertakings regarding personal data

  1. Each party agrees that personal data shall be treated as confidential information under these terms. In addition, each party shall at all times comply with applicable laws relating to data protection in the relevant jurisdiction with respect to each other’s personal data.
  2. Personal Data shall remain the property of the disclosing party. We acknowledge that the customer is the controller and maintains control over data subject’s personal data.
  3. We will process customer’s personal data only to the extent strictly necessary for the purpose of providing the services requested and any further written instructions from the customer that are mutually agreed upon in writing. Further, we agree that:
    • we will implement and maintain a reasonable and appropriate security program comprising adequate security, technical and organisational measures to protect against unauthorised, unlawful or accidental processing, use, erasure, loss or destruction of, or damage to, customer personal data;
    • we will not modify, alter, delete, publish or disclose any customer personal data to any third party, nor allow any third party to process such personal data on our behalf unless the third party is bound to similar confidentiality and data handling provisions;
    • only our personnel who “need-to-know” will be given access to customer personal data to the extent necessary to perform our obligations; and
    • we will only process customer personal data to the extent necessary to perform its obligations, upon written instructions of the customer (only as mutually agreed upon), and in accordance with applicable laws.
  4. Upon termination of your account or services we will delete, destroy, or anonymise the personal data in accordance with our standard backup and retention policy unless we have terminated your account for violation of the Terms of Service in which case we reserve the right to retain personal data.
  5. We will not transfer any customer personal data to other locations or companies not deemed to be compliant with GDPR.

Customer undertakings

  1. Customer warrants that it has all necessary rights to provide to us with the personal data for processing in connection with the provision of the our services.
  2. To the extent required by applicable law, customer is responsible for ensuring that any data subject consents that may be necessary to this processing are obtained, and for ensuring that a record of such consents is maintained, including any consent to use personal data that is obtained from third parties. Should such consent be revoked by a data subject, customer is responsible for communicating the fact of such revocation to us, and we remain responsible for implementing any customer instruction with respect to the further processing of that personal data, or, as may be in accordance with any of our legal obligations.
  3. Customer understands, as a controller, that it is responsible (as between customer and us) for:
    • determining the lawfulness of any processing, performing any required data protection impact assessments, and accounting to regulators and individuals, as may be needed
      making reasonable efforts to verify parental consent when data is collected on a data subject under 16 years of age;
    • providing relevant privacy notices to data subjects as may be required in your jurisdiction, including notice of their rights and provide the mechanisms for individuals to exercise those rights;
    • responding to requests from individuals about their data and the processing of the same, including requests to have personal data altered, corrected, or erased, and providing copies of the actual data processed;
    • implementing your own appropriate technical and organisational measures to ensure and demonstrate processing in accord with these terms;
    • notifying individuals and any relevant regulators or authorities of any incident as may be required by law in your jurisdiction.
  4. Customer does not have any independent right to audit our technical and/or organisational measures.

Incident Management

  1. When either party becomes aware of an incident that impacts the processing of personal data, it shall promptly notify the other about the incident and shall reasonably cooperate in order to enable the other party to perform a thorough investigation into the incident, to formulate a correct response, and to take suitable further steps in respect of the incident.
  2. Both parties shall at all times have in place procedures which enable them to promptly respond to the other about an incident. Where the incident is reasonably likely to require a data breach notification under applicable laws, the party responsible for the incident shall notify the other no later than 24 hours of having become aware of such an incident.
  3. Any notifications made under this section shall be made to hello@omniscot.com (when made to us) and to our point of contact with you (when made to the customer), and shall contain:(i) a description of the nature of the incident, including, where possible, the categories and approximate number of individuals concerned and the categories and approximate number of records concerned; (ii) the name and contact details of the point of contact where more information can be obtained; (iii) a description of the likely consequences of the incident; and (iv) a description of the measures taken or proposed to be taken to address the incident including, where appropriate, measures to mitigate its possible adverse effects.

Liability and Indemnity

Each party indemnifies the other and holds them harmless against all claims, actions, third party claims, losses, damages and expenses incurred by the indemnified party and arising directly or indirectly out of or in connection with a breach of these terms.

Customer Service Level Agreement

We aim to respond to all customer contact the day it's received, but guarantee a response with a maximum of 3 working days.

Services

General

Website Hosting

SSL Certificates and Trust Marks

Domain Names

General

Registration

Renewals

Transfer in

Transfer out

Deletion/Cancellation/Suspension

Expiration

Recovering a domain registered by a third-party

Dispute Policy

Reporting Abuse

Registry and Third-party Terms, Agreements and Documents

Network Bandwidth Policy

General

Bandwidth Overages

IP addresses

Billing, Ordering and Payments

Hosting Fees and Orders

Billing Disputes

Payments

Credit or Debit Cards

Bank Transfers

Cheque & PayPal

Refunds and Credits

Credit Terms

General

Overdue Payments

Suspension & Termination Policy

General

Complaints Procedure

Sometimes we may fall short of the high standards we and our customers expect from us. If this happens it's important that we are able to take on customer feedback and concerns and use this to improve our service.

Liability

How can we help?

We love what we do, we're friendly, and we’re here to help whenever you need us. Send us an email, give us a call, or drop in at one of our locations.